HOUSE BILL 23-1024
BY REPRESENTATIVE(S) Gonzales-Gutierrez and Epps, Amabile, Bird,
Bockenfeld, Boesenecker, Bradley, Brown, Dickson, Duran, English,
Garcia, Herod, Jodeh, Joseph, Lieder, Lindsay, Lindstedt, Lukens, Mabrey,
Marshall, Martinez, McCormick, McLachlan, Ortiz, Ricks, Sharbini, Sirota,
Snyder, Story, Titone, Valdez, Weinberg, Willford, Wilson, Winter T.,
Woodrow, Young;
also SENATOR(S) Exum and Van Winkle, Buckner, Cutter, Danielson,
Gonzales, Jaquez Lewis, Marchman, Priola.
C
ONCERNING MEASURES TO INCREASE FAMILY RESILIENCY THROUGH
PROVIDING GREATER SUPPORTS AND PROTECTIONS FOR CHILDREN
PLACED WITH KIN
, INCLUDING RELATIVES, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Children and youth placed with relatives or kin experience
greater placement stability, reduced separation trauma, lower rates of
trauma from institutional abuse, better behavioral and mental health
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. outcomes, preservation of identities, and higher rates of reunification with
parents than children and youth placed in foster homes;
(b) Federal law requires that children and youth be placed in the
least restrictive, most family-like environment and that states should
consider giving preference to adult relatives and kin;
(c) Colorado's state plan for child welfare systems improvement
recognizes the importance of placing children and youth with relatives and
kin, with a goal of fifty percent of initial placements being with relatives or
kin;
(d) Over 20 percent of children and youth who age out of foster care
become homeless and 25 percent of children and youth become involved in
the criminal justice system within 2 years of aging out of foster care;
(e) When family reunification and kinship guardianship, foster, and
adoptive placements are promoted and supported, children's and youth's
family connections and family relationships can reverse such adult
outcomes;
(f) Foster care is intended to be temporary. The best interests of
children and youth in safe, stable, and permanent placements are paramount.
At the same time, absent aggravating circumstances, it is in the best
interests of children and youth for parents to be provided individualized
services, supports, and time needed to address the reasons for foster care or
other temporary placements of their children or youth.
(g) When kinship placements can safely be made, extended family
members available for such placements often face financial and other
barriers related to access to health and mental health services and supports,
crisis stabilization services, and other service supports;
(h) Children and youth in foster care should not have to choose
between families. These children and youth must be offered the opportunity
to expand family relationships, not sever or replace them. When
relationships with relatives and kin are prioritized, protective factors
increase, promoting current and future well-being.
(i) The most critical factors for consideration in permanency
PAGE 2-HOUSE BILL 23-1024 planning should be the safety of the family home and a child's or youth's key
attachments and family connections. These factors, rather than the number
of months spent in foster care, or even a child's or youth's new attachment
to foster parents, should drive permanency decisions.
(2) The general assembly therefore declares that it is crucial to
promote kinship care as an essential permanency option for children and
youth, to remove barriers to children's and youth's safe care by relatives and
kin when such children and youth cannot be safely cared for by their
parents, and to support the provision of resources and services to relatives,
kin, and other caregivers.
SECTION 2. In Colorado Revised Statutes, 19-1-303, amend
(11)(a) and (11)(d) as follows:
19-1-303. General provisions - delinquency and dependency and
neglect cases - exchange of information - civil penalty - rules -
definitions. (11) (a) The judicial department or any agency described in
subsection (1)(a) of this section may provide a prospective foster parent,
RELATIVE, OR KIN CAREGIVER, as defined by rule of the department of
human services, or a foster parent who is responsible for the health or
welfare of a foster child named in a report who is residing in the foster
parent's home, with information that is necessary to meet the foster child's
physical, mental, emotional, behavioral, and other identified trauma needs.
(d) The foster parent,
RELATIVE, OR KIN CAREGIVER shall maintain
the confidentiality of any information obtained pursuant to this subsection
(11).
SECTION 3. In Colorado Revised Statutes, 19-3-403, amend
(3.6)(a)(III), (3.6)(a)(IV), and (3.6)(a)(V); and add (3.6)(a)(VI), (3.6)(c),
and (9) as follows:
19-3-403. Temporary custody - hearing - time limits - restriction
- caregiver rights - rules. (3.6) (a) (III) The court shall advise the child's
parents that the child OR YOUTH may be placed with a relative if, in the
court's opinion, such placement is appropriate and in the child's best
interests OR KIN. The court shall order the parents to complete the form
affidavit and advisement described in subsection (3.6)(a)(I) of this section
no later than seven business
days after the HEARING date of the hearing or
PAGE 3-HOUSE BILL 23-1024 prior to the next hearing on the matter, whichever occurs first. The original
completed form must be filed with the court and a copy delivered to the
county department of human or social services no later than five business
days after the date of the hearing. THE ORIGINAL COMPLETED RELATIVE
AFFIDAVIT MUST BE FILED WITH THE COURT AND SERVED ON ALL PARTIES NO
LATER THAN SEVEN DAYS AFTER THE HEARING DATE
. THE COURT SHALL ASK
THE PARENT IF THERE ARE ANY CHANGES TO THE INFORMATION ON THE
RELATIVE OR KIN AFFIDAVIT AT HEARINGS HELD PURSUANT TO SECTIONS
19-3-507 AND 19-3-702, AND IF THE PARENT HAS NOT COMPLETED THE
RELATIVE OR KIN AFFIDAVIT
, THE COURT SHALL ASK THE PARENT , ON THE
RECORD
, FOR NAMES AND CONTACT INFORMATION FOR RELATIVES AND KIN
WHOM THE PARENT WOULD LIKE CONSIDERED FOR ENGAGEMENT IN THE
CASE
. Each parent, the guardian ad litem or counsel for youth, and counsel
for each parent, if any, shall
MUST also receive copies of the completed
form
AFFIDAVIT. The court may advise each parent of the penalties
associated with perjury and contempt of court, if necessary. Each parent
may suggest an adult relative or relatives,
OR KIN, whom the parent believes
to be the most appropriate caretaker or caretakers for the child
OR YOUTH.
If appropriate, the child or children shall
OR YOUTH MUST be consulted
regarding suggested relative
OR KIN caretakers. The court shall order each
parent to notify every relative
OR KIN who may be an appropriate relative OR
KIN
caretaker for the child OR YOUTH that failure to come forward in a
timely manner may result in the child
OR YOUTH being placed permanently
outside of the home of the child's
relatives OR KIN OF THE CHILD OR YOUTH
if the child OR YOUTH is not able to return to the child's OR YOUTH'S home.
In addition, the court shall advise each parent that failure to identify these
relatives
OR KIN in a timely manner may result in the child OR YOUTH being
placed permanently outside of the home of the child's relatives OR KIN OF
THE CHILD OR YOUTH
.
(IV) The court shall order a county department of human or social
services to exercise due diligence to contact all grandparents and other adult
relatives
AND IDENTIFIED KIN within thirty days following
AFTER the
removal of the child
OR YOUTH and to inform them about placement
possibilities for the child
OR YOUTH, unless the court determines there is
good cause not to contact or good cause to delay contacting the child's
OR
YOUTH
'S relatives AND KIN, including, but not limited to, family or domestic
violence.
(A) A county department of human or social services shall provide
PAGE 4-HOUSE BILL 23-1024 notice to the relatives AND IDENTIFIED KIN that the child OR YOUTH has been
removed from his or her THE CHILD'S OR YOUTH'S home, options under
federal, state, and local law AN EXPLANATION OF THE VARIOUS OPTIONS to
participate in the child's
OR YOUTH'S care or placement AND OPTIONS THAT
MAY BE AVAILABLE TO SUPPORT THE CHILD
'S OR YOUTH'S FAMILY, AND
options that may be lost by failing to respond. and requirements to become
a foster parent, and services and supports available to the child placed in a
foster home.
(B) THE NOTICE MUST INCLUDE INFORMATION ABOUT PROVIDING
CARE FOR THE CHILD OR YOUTH WHILE THE FAMILY RECEIVES REUNIFICATION
SERVICES
, WITH THE GOAL OF RETURNING THE CHILD OR YOUTH TO THE
PARENT OR LEGAL GUARDIAN
; THE RELATIVE'S RIGHT TO INTERVENE IN THE
PROCEEDINGS WITH OR WITHOUT AN ATTORNEY FOLLOWING ADJUDICATION
;
AND ADDITIONAL SERVICES AND SUPPORTS THAT ARE AVAILABLE IN
OUT
-OF-HOME PLACEMENTS. THE NOTICE MUST ALSO INCLUDE INFORMATION
REGARDING THE STATE
'S ENTITLEMENT PLANS, INCLUDING BUT NOT LIMITED
TO CHILD CARE ASSISTANCE
, SUPPLEMENTAL NUTRITIONAL ASSISTANCE
PROGRAMS
, THE RELATIVE GUARDIANSHIP ASSISTANCE PROGRAM ,
CHILD-ONLY ELIGIBILITY FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
(TANF), AND ADOPTION ASSISTANCE , AS WELL AS OTHER OPTIONS FOR
CONTACT
. INFORMATION ABOUT FAMILY FOSTER CARE CERTIFICATION ,
INCLUDING HOW TO REQUEST A VARIANCE FROM CERTIFICATION STANDARDS
THAT DO NOT PRESENT A SAFETY OR HEALTH RISK TO THE CHILD OR YOUTH
IN THE HOME AND SUPPORTS THAT ARE AVAILABLE FOR RELATIVES AND KIN
AND CHILDREN OR YOUTH AND WHAT BACKGROUND CHECKS ARE REQUIRED
,
AS WELL AS HOW RELATIVES OR KIN MAY REQUEST THE COURT REVIEW
DECISIONS TO DENY PLACEMENT BASED ON BACKGROUND CHECKS AND WHY
CERTIFICATION AS A KINSHIP FOSTER HOME MAY BE DENIED
, MUST ALSO BE
PROVIDED IN THE NOTICE
.
(C) T
HE STATE DEPARTMENT OF HUMAN SERVICES , IN CONSULTATION
WITH COUNTIES
, THE OFFICE OF THE CHILD'S REPRESENTATIVE, AND THE
OFFICE OF RESPONDENT PARENTS
' COUNSEL, ALONG WITH OTHER INTERESTED
STAKEHOLDERS
, SHALL DEVELOP THE WRITTEN NOTICE AND PROMULGATE
RULES FOR THE IMPLEMENTATION OF THIS SECTION
.
(D) The county department of human or social services shall advise
each appropriate identified relative that the possibility for placement of the
child in his or her home may terminate at a future date; request each such
PAGE 5-HOUSE BILL 23-1024 relative AND IDENTIFIED KIN who is interested in becoming a placement
option for the child
OR YOUTH to come forward at the earliest possible time
to seek placement of the child
OR YOUTH in his or her
THE RELATIVE'S OR
KIN
'S home and to cooperate with the county department of human or social
services to expedite procedures pertaining to the placement of the child
OR
YOUTH
in his or her
THE RELATIVE'S OR KIN'S home if the child OR YOUTH
cannot be safely returned to the CHILD'S OR YOUTH'S PARENTS' home. of the
child's parents. The department of human services shall promulgate rules for
the implementation of this subparagraph (IV) and subparagraph (III) of this
paragraph (a).
(V) The court may consider and SHALL give preference to giving
temporary custody PLACEMENT to a child's OR YOUTH'S relative OR KIN who
is appropriate, capable, willing, and available for care, if it is in the best
interests of the child and if the court finds GIVING PRIMARY CONSIDERATION
TO THE CHILD
'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS,
INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT .
T
HE COURT SHALL ALSO FIND that there is no suitable birth or adoptive
parent available, with due diligence having been exercised in attempting to
locate any such birth or adoptive parent. A
PARENT'S OBJECTION TO
PLACEMENT WITH A PARTICULAR RELATIVE OR KIN IS NOT ALONE SUFFICIENT
TO SHOW THAT THE PROPOSED PLACEMENT WOULD HINDER REUNIFICATION
.
The court may place or continue custody with the county department of
human or social services if the court is satisfied from the information
presented at the hearing that such custody is appropriate and in the child's
OR YOUTH'S best interests, or the court may enter such other orders as are
appropriate. The court may authorize the county department of human or
social services with custody of a child
OR YOUTH to place the child OR
YOUTH
with a relative OR KIN without the necessity for a hearing if a county
department
OF HUMAN OR SOCIAL SERVICES locates an appropriate,
A
capable and willing relative OR KIN who is available to care for the child OR
YOUTH
and the guardian ad litem of the child OR YOUTH concurs that the
placement is in the best interests of the child
OR YOUTH. If the county
department of human or social services places a child
OR YOUTH with a
relative
OR KIN without a hearing pursuant to the provisions of
this
subsection (3.6)(a)(V), the county department
OF HUMAN OR SOCIAL
SERVICES
shall fully inform the court of the details concerning the child's OR
YOUTH
'S placement on the record at the next hearing. If the court enters an
order removing a child
OR YOUTH from the home or continuing a child OR
YOUTH
in a placement out of the home, the court shall make the findings
PAGE 6-HOUSE BILL 23-1024 required pursuant to section 19-1-115 (6), if such findings are warranted by
the evidence.
(VI) T
HE RESPONSIBLE COUNTY DEPARTMENT OF HUMAN OR SOCIAL
SERVICES OR OTHER SOCIAL SERVICES AGENCY SHALL EXERCISE DUE
DILIGENCE TO CONTACT AND ENGAGE RELATIVES AND KIN WHO RESPOND TO
THE NOTICE REQUIRED PURSUANT TO SUBSECTION
(3.6)(a)(IV) OF THIS
SECTION
. UPON A REQUEST BY A RELATIVE OR KIN OR PARTY TO THE
PROCEEDINGS
, THE COURT MAY CONDUCT A REVIEW OF THE APPLICABLE
AGENCY
'S DUE DILIGENCE TO CONTACT AND ENGAGE RELATIVES AND KIN
PURSUANT TO SUBSECTION
(3.6)(a)(IV) OF THIS SECTION. IF THE COURT
FINDS THAT THE APPLICABLE AGENCY DID NOT EXERCISE DUE DILIGENCE TO
CONTACT AND ENGAGE RELATIVES AND KIN WHO RESPONDED TO THE
NOTICE
, THE COURT MAY ORDER THE APPLICABLE AGENCY TO EXERCISE DUE
DILIGENCE BY ENGAGING THE RELATIVES AND KIN IN THE FOLLOWING
ACTIVITIES RELATED TO THE CARE AND PLANNING FOR A CHILD OR YOUTH
,
DETERMINED IN CONSULTATION WITH THE OTHER PARTIES :
(A) P
ARTICIPATING IN CASE PLANNING FOR THE CHILD OR YOUTH
AND THE CHILD
'S OR YOUTH'S PARENT, INCLUDING IDENTIFYING SERVICES
AND RESOURCES THAT MEET THE INDIVIDUALIZED NEEDS OF THE CHILD OR
YOUTH AND THE CHILD
'S OR YOUTH'S PARENT. A RELATIVE'S OR KIN'S
PARTICIPATION IN CASE PLANNING MAY BE IN PERSON
, VIA PHONE, OR BY
ELECTRONIC MEANS
.
(B) I
DENTIFYING THE STRENGTHS AND NEEDS OF THE CHILD OR
YOUTH AND THE CHILD
'S OR YOUTH'S PARENT;
(C) A
SKING THE RESPONSIBLE COUNTY DEPARTMENT OF HUMAN OR
SOCIAL SERVICES
, OR OTHER SOCIAL SERVICES AGENCY , TO CONSIDER THE
RELATIVE OR KIN FOR PLACEMENT WITH THE CHILD OR YOUTH PURSUANT TO
SUBSECTION
(3.6)(a)(IV)(D) OF THIS SECTION;
(D) A
CTING AS A SUPPORT PERSON FOR THE CHILD OR YOUTH , THE
CHILD
'S OR YOUTH'S PARENT, AND THE CHILD'S OR YOUTH'S CURRENT
CAREGIVER
, INCLUDING COLLABORATING WITH FOSTER PARENTS TO SUPPORT
A HEALTHY TRANSITION FOR A CHILD OR YOUTH TO FAMILY TIME OR
PLACEMENT WITH A RELATIVE
, WHEN APPROPRIATE;
(E) S
UPERVISING FAMILY TIME WHEN AUTHORIZED PURSUANT TO
PAGE 7-HOUSE BILL 23-1024 SECTION 19-3-217;
(F) P
ROVIDING RESPITE CARE FOR THE CHILD OR YOUTH AND HAVING
FAMILY VACATION TIME WITH THE CHILD OR YOUTH
;
(G) P
ROVIDING TRANSPORTATION ;
(H) S
UGGESTING OTHER RELATIVES OR KIN WHO MAY BE ABLE TO
PARTICIPATE IN THE CASE PLAN OR WHOM THE COUNTY DEPARTMENT OF
HUMAN OR SOCIAL SERVICES
, OR OTHER SOCIAL SERVICES AGENCY , MAY
CONSIDER FOR THE PLACEMENT OF THE CHILD OR YOUTH
. THE COUNTY
DEPARTMENT OF HUMAN OR SOCIAL SERVICES
, OR OTHER SOCIAL SERVICES
AGENCY
, SHALL SEND A NOTICE TO EACH RELATIVE OR KIN IDENTIFIED BY
OTHER RELATIVES OR KIN
, UNLESS A RELATIVE OR KIN RECEIVED THE NOTICE
EARLIER IN THE CASE OR WAS RULED OUT AS A RESOURCE OR PLACEMENT BY
THE COURT
.
(I) H
ELPING MAINTAIN THE CHILD 'S OR YOUTH'S FAMILIAR AND
REGULAR ACTIVITIES
, AS WELL AS CONTACT WITH THE CHILD'S OR YOUTH'S
FRIENDS
, RELATIVES, AND KIN, INCLUDING PROVIDING SUPERVISION OF THE
CHILD OR YOUTH AT FAMILY GATHERINGS AND EVENTS
; AND
(J) PARTICIPATING IN THE CHILD 'S OR YOUTH'S FAMILY AND
PERMANENCY TEAM IF THE CHILD OR YOUTH IS PLACED IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM
.
(c) A
RELATIVE OR KIN CAREGIVER HAS THE RIGHT TO :
(I) B
E TREATED WITH DIGNITY AND RESPECT AND TO BE CONSIDERED
AS A TEAM MEMBER WHO IS MAKING IMPORTANT CONTRIBUTIONS TO THE
OBJECTIVES OF THE CHILD WELFARE SYSTEM
, INCLUDING THE REUNIFICATION
OF THE CHILD OR YOUTH WITH THE CHILD
'S OR YOUTH'S PARENTS WHENEVER
SAFELY POSSIBLE
;
(II) R
ECEIVE TRAINING AND SUPPORT FROM THE STATE DEPARTMENT
OF HUMAN SERVICES OR A COUNTY DEPARTMENT OF HUMAN OR SOCIAL
SERVICES TO IMPROVE THE CAREGIVER
'S SKILLS IN PROVIDING DAILY CARE
AND MEETING THE SPECIAL NEEDS OR DISABILITY
-RELATED NEEDS OF A
CHILD OR YOUTH IN THE CAREGIVER
'S CARE;
PAGE 8-HOUSE BILL 23-1024 (III) BE INFORMED BY THE APPLICABLE CHILD PLACEMENT AGENCY
OR COUNTY DEPARTMENT OF HUMAN OR SOCIAL SERVICES ABOUT HOW TO
REACH AFTER
-HOURS CONTACTS; AND
(IV) BE INFORMED ABOUT AVAILABLE FINANCIAL ASSISTANCE AND
THE FINANCIAL CONSEQUENCES OF NOT PURSUING CERTIFICATION AS A
FOSTER HOME
, INCLUDING INELIGIBILITY FOR THE STATE 'S RELATIVE
GUARDIANSHIP ASSISTANCE PROGRAM
.
(9) I
F THE SOLE ISSUE PREVENTING AN EMERGENCY PLACEMENT OF
A CHILD WITH A RELATIVE OR KIN IS A LACK OF RESOURCES
, THE COUNTY
DEPARTMENT SHALL USE REASONABLE EFFORTS TO ASSIST THE RELATIVE OR
KIN WITH OBTAINING THE NECESSARY ITEMS WITHIN EXISTING AVAILABLE
RESOURCES
.
SECTION 4. In Colorado Revised Statutes, 19-3-507, amend (4)
and (5)(a); and add (1)(b.5), (1)(b.7), (1)(d), (1)(e), (5)(d), and (5)(e) as
follows:
19-3-507. Dispositional hearing. (1) (b.5) I
F THE COUNTY
DEPARTMENT LOCATES A CAPABLE
, WILLING, AND AVAILABLE RELATIVE OR
KIN FOR THE CHILD OR YOUTH
, IT IS PRESUMED THAT PLACEMENT OF THE
CHILD OR YOUTH WITH THE RELATIVE OR KIN IS IN THE BEST INTERESTS OF
THE CHILD OR YOUTH
. THE PRESUMPTION MAY BE REBUTTED BY A
PREPONDERANCE OF THE EVIDENCE
, GIVING PRIMARY CONSIDERATION TO
THE CHILD
'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS ,
INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT .
T
HE COURT SHALL CONSIDER WHETHER A PROPOSED PLACEMENT WOULD
HINDER EFFORTS TO REUNITE THE PARENT AND CHILD OR YOUTH AND THE
PARENT
'S PREFERENCE REGARDING PLACEMENT . A PARENT'S OBJECTION TO
PLACEMENT WITH A PARTICULAR RELATIVE OR KIN IS NOT ALONE SUFFICIENT
TO SHOW THAT THE PROPOSED PLACEMENT WOULD HINDER REUNIFICATION
.
(b.7) U
PON THE MOTION OF A PARTY FOR PLACEMENT OF A CHILD OR
YOUTH WITH A RELATIVE OR KIN
, IF THE PARTY OBJECTS TO THE REQUESTED
PLACEMENT
, THE COURT SHALL HOLD A HEARING WITHIN SIXTY-THREE DAYS
AFTER THE OBJECTION TO DETERMINE WHETHER THE CHILD OR YOUTH MAY
BE PLACED WITH THE RELATIVE OR KIN
. WHEN A CHILD OR YOUTH RESIDES
WITH A RELATIVE OR KIN
, ANY OTHER RELATIVE OR KIN SEEKING A
PLACEMENT CHANGE SHALL ADDRESS THE FACTORS SET FORTH IN SECTION
PAGE 9-HOUSE BILL 23-1024 19-3-702 (6).
(d) I
F THE COURT DENIES PLACEMENT WITH A RELATIVE OR KIN , THE
COURT SHALL MAKE DETAILED FINDINGS REGARDING THE REASONS FOR
DENIAL
. A DECISION BY A RELATIVE OR KIN TO NOT BE INITIALLY IDENTIFIED
AS A POTENTIAL PLACEMENT RESOURCE MUST NOT BE THE SOLE BASIS FOR
THE COURT TO LATER RULE OUT THE RELATIVE OR KIN AS THE CHILD
'S OR
YOUTH
'S PERMANENT PLACEMENT . WHEN DETERMINING WHETHER A CHILD
OR YOUTH SHOULD BE PLACED WITH A RELATIVE OR KIN
, THE COURT SHALL
GIVE PRIMARY CONSIDERATION TO A CHILD
'S OR YOUTH'S MENTAL,
PHYSICAL, AND EMOTIONAL NEEDS. THE COURT SHALL NOT CONSIDER ANY
OF THE FOLLOWING FACTORS UNLESS ONE OF THE FACTORS WOULD
THREATEN THE MENTAL
, PHYSICAL, AND EMOTIONAL HEALTH OR SAFETY OF
THE CHILD OR YOUTH
:
(I) T
HE SIZE OF THE HOME, INCLUDING WHETHER THE CHILD OR
YOUTH WOULD HAVE A SEPARATE ROOM
;
(II) T
HE SOCIOECONOMIC STATUS OF THE RELATIVE OR KIN
COMPARED TO OTHER AVAILABLE PLACEMENT OPTIONS
;
(III) T
HE ABILITY OF THE RELATIVE OR KIN TO SUPPORT THE CHILD'S
OR YOUTH
'S PARTICIPATION IN EXTRACURRICULAR ACTIVITIES ;
(IV) O
RDINARY BONDING OR ATTACHMENT THAT OCCURRED DURING
TIME SPENT IN FOSTER PLACEMENT
;
(V) I
MMIGRATION STATUS OF THE RELATIVE OR KIN ; OR
(VI) AGE OR ANY DISABILITY OF THE RELATIVE OR KIN.
(e) T
HE COURT MAY CONSIDER THE RELATIVE 'S OR KIN'S CRIMINAL
BACKGROUND
, AS PERMITTED BY SECTION 19-3-406. WHEN CONSIDERING
WHETHER TO ALLOW A PLACEMENT WITH A RELATIVE OR KIN WHO HAS BEEN
DISQUALIFIED FOR PLACEMENT PURSUANT TO SECTION
19-3-406, THE COURT
SHALL CONSIDER THE FOLLOWING FACTORS
:
(I) W
HETHER THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, OR
EMOTIONAL NEEDS WOULD BE ADVERSELY AFFECTED
;
PAGE 10-HOUSE BILL 23-1024 (II) THE NATURE OF THE CRIME OF CONVICTION ;
(III) W
HETHER THERE IS A DIRECT RELATIONSHIP BETWEEN THE
CONVICTION AND THE RELATIVE
'S OR KIN'S ABILITY TO PROVIDE COMPETENT
AND SAFE CARE TO THE CHILD OR YOUTH
;
(IV) L
ENGTH OF TIME SINCE CONVICTION; AND
(V) EVIDENCE OF REHABILITATION.
(4) (a) In any case in which the disposition is placement out of the
home, except for children
OR YOUTH committed to the department of human
services, the court shall, at the time of placement, set a review within ninety
NINETY-ONE days to determine whether continued placement is necessary
and in the best interests of the child
OR YOUTH and the community, and
whether reasonable efforts have been made to return the child
OR YOUTH to
the home or, in the case of a sibling group, whether it is in the best interests
of the children
OR YOUTH in the sibling group to be placed together. If the
county department locates an appropriate, capable, willing, and available
joint placement for all of the children
OR YOUTH in the sibling group, it shall
be IS presumed that placement of the entire sibling group in the joint
placement is in the best interests of the children
OR YOUTH. Such
presumption may be rebutted by a preponderance of the evidence that
placement of the entire sibling group in the joint placement is not in the best
interests of a child, or of the
children, OR YOUTH.
(b) I
F THE COUNTY DEPARTMENT LOCATES A CAPABLE , WILLING, AND
AVAILABLE RELATIVE OR KIN FOR THE CHILD OR YOUTH
, IT IS PRESUMED
THAT PLACEMENT OF THE CHILD OR YOUTH WITH A RELATIVE OR KIN IS IN
THE BEST INTERESTS OF THE CHILD OR YOUTH
. THE PRESUMPTION MAY BE
REBUTTED BY A PREPONDERANCE OF THE EVIDENCE
, GIVING PRIMARY
CONSIDERATION TO THE CHILD
'S OR YOUTH'S MENTAL, PHYSICAL, AND
EMOTIONAL NEEDS
, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE
REGARDING PLACEMENT
. THE COURT SHALL CONSIDER WHETHER A
PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE PARENT
AND THE CHILD OR YOUTH AND THE PARENT
'S PREFERENCE REGARDING
PLACEMENT
. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR
RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED
PLACEMENT WOULD HINDER REUNIFICATION
.
PAGE 11-HOUSE BILL 23-1024 (c) The judge shall review the family services plan document
regarding placement of siblings. Notice of said review shall be given by
SIBLINGS AND EFFORTS TO LOCATE RELATIVES OR KIN . IF THE CHILD OR
YOUTH IS RESIDING WITH A RELATIVE OR KIN
, THE FAMILY SERVICES PLAN
MUST DESCRIBE THE EFFORTS MADE BY THE COUNTY TO MAINTAIN THE
CHILD OR YOUTH IN THE RELATIVE OR KINSHIP HOME AND TO NOT REMOVE
THE CHILD OR YOUTH FROM THE KINSHIP OR RELATIVE HOME EXCEPT TO
EFFECTUATE A PERMANENCY GOAL OF REUNIFICATION OR AFTER FINDING
THAT REMAINING IN THE KINSHIP PLACEMENT IS CONTRARY TO THE CHILD
'S
OR YOUTH
'S MENTAL, PHYSICAL, OR EMOTIONAL NEEDS , OR WHEN THE
RELATIVE OR KINSHIP PLACEMENT DECIDES THEY ARE NO LONGER ABLE TO
CARE FOR THE CHILD OR YOUTH
. The court SHALL GIVE NOTICE OF THE
REVIEW
to all parties and to the director of the facility or agency in which
the child
OR YOUTH is placed and any person who has physical custody of
the child
OR YOUTH and any attorney or guardian ad litem of record. The
review shall be conducted in accordance with section 19-1-115 (8)(f).
(5) (a) Parents, grandparents,
OR relatives or foster parents who have
the child in their care for more than three months who have information or
knowledge concerning the care and protection of the child
OR YOUTH, OR
KIN CAREGIVER WHO HAS THE CHILD IN THE CAREGIVER
'S CARE FOR MORE
THAN THREE MONTHS
, may intervene as a matter of right following
adjudication with or without counsel.
(d) F
OSTER PARENTS WHO HAVE THE CHILD OR YOUTH IN THEIR CARE
FOR TWELVE MONTHS OR MORE MAY INTERVENE
, AS A MATTER OF RIGHT,
WITH OR WITHOUT COUNSEL , FOLLOWING ADJUDICATION. THE PURPOSE OF
INTERVENTION IS TO PROVIDE KNOWLEDGE OR INFORMATION CONCERNING
THE CARE AND PROTECTION OF THE CHILD OR YOUTH
, INCLUDING THE
CHILD
'S OR YOUTH'S MENTAL, PHYSICAL, AND EMOTIONAL NEEDS.
(e) A
N INTERVENOR MAY NOT, ON THE INTERVENOR'S OWN MOTION,
SEEK TO RESTRICT FAMILY TIME BETWEEN A CHILD OR YOUTH AND THE
PARENT OR RELATIVES
, FILE A PETITION TO TERMINATE PARENTAL RIGHTS ,
OR APPEAL A DENIAL OF TERMINATION OF PARENTAL RIGHTS .
SECTION 5. In Colorado Revised Statutes, 19-3-508, amend (1)
introductory portion, (1)(b), and (5) as follows:
19-3-508. Neglected or dependent child or youth - disposition -
PAGE 12-HOUSE BILL 23-1024 concurrent planning - definition. (1) When a child OR YOUTH has been
adjudicated to be neglected or dependent, the court may enter a decree of
disposition the same day, but in any event it shall do so within forty-five
FORTY-TWO days, unless the court finds that the best interests of the child
OR YOUTH will be served by granting a delay. In a county designated
pursuant to section 19-1-123, if the child
OR YOUTH is under
LESS THAN six
years of age at the time a petition is filed in accordance with section
19-3-501 (2), the court shall enter a decree of disposition within thirty
TWENTY-EIGHT days after the adjudication and shall not grant a delay unless
good cause is shown and unless the court finds that the best interests of the
child
OR YOUTH will be served by granting the delay. It is the intent of the
general assembly that the dispositional hearing be held on the same day as
the adjudicatory hearing, whenever possible. If a delay is granted, the court
shall set forth the reasons why a delay is necessary and the minimum
amount of time needed to resolve the reasons for the delay and shall
schedule the hearing at the earliest possible time following the delay. When
the proposed disposition is termination of the parent-child legal
relationship, the hearing on termination must not be held on the same date
as the adjudication, and the time limits set forth above for dispositional
hearings do not apply. When the proposed disposition is termination of the
parent-child legal relationship, the court may continue the dispositional
hearing to the earliest available date for a hearing in accordance with the
provisions of subsection (3)(a) of this section and part 6 of this article 3.
When the decree does not terminate the parent-child legal relationship, the
court shall approve an appropriate treatment plan that must include, but not
be limited to, one or more of the following provisions of subsections (1)(a)
to (1)(d) of this section:
(b) The court may place the child
OR YOUTH in the legal custody of
a relative
OR KIN, including the child's OR YOUTH'S grandparent, or other
suitable person, with or without protective supervision, under such
conditions as the court deems necessary and appropriate. If a child
OR
YOUTH
is not placed with a parent pursuant to paragraph (a) of this
subsection (1) SUBSECTION (1)(a) OF THIS SECTION, THE COURT SHALL GIVE
preference may be given by the court for TO placement with a grandparent
pursuant to this paragraph (b) if in the best interests of the child OR OTHER
RELATIVE OR KIN
. IF THE COUNTY DEPARTMENT LOCATES A CAPABLE ,
WILLING, AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR YOUTH , IT IS
PRESUMED THAT PLACEMENT OF THE CHILD OR YOUTH WITH A RELATIVE OR
KIN IS IN THE BEST INTERESTS OF THE CHILD OR YOUTH
. THE PRESUMPTION
PAGE 13-HOUSE BILL 23-1024 MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE , GIVING
PRIMARY CONSIDERATION TO THE CHILD
'S OR YOUTH'S MENTAL, PHYSICAL,
AND EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE
REGARDING PLACEMENT
. THE COURT SHALL CONSIDER WHETHER A
PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE PARENT
AND THE CHILD OR YOUTH AND THE PARENT
'S PREFERENCE REGARDING
PLACEMENT
. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR
RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED
PLACEMENT WOULD HINDER REUNIFICATION
.
(5) (a) In placing the legal custody or guardianship of the person of
a child
OR YOUTH with an individual or a private agency, the court shall give
primary consideration to the welfare of the child
OR YOUTH but shall take
into consideration the religious
AND CULTURAL preferences of the child OR
YOUTH
or of his
THE parents, whenever practicable.
(b) (I) If the court finds that placement out of the home is necessary
and is in the best interests of the child
OR YOUTH and the community, the
court shall place the child
OR YOUTH with a relative OR KIN, including the
child's
OR YOUTH'S grandparent, as provided in paragraph (b) of subsection
(1) SUBSECTION (1)(b) of this section, if such placement is in the child's best
interests. IN CONSIDERING THE PLACEMENT , THE COURT SHALL GIVE
PRIMARY CONSIDERATION TO THE CHILD
'S OR YOUTH'S MENTAL, PHYSICAL,
AND EMOTIONAL NEEDS, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE
REGARDING PLACEMENT
. THE COURT SHALL CONSIDER WHETHER A
PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE PARENT
AND THE CHILD OR YOUTH AND THE PARENT
'S PREFERENCE REGARDING
PLACEMENT
. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR
RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED
PLACEMENT WOULD HINDER REUNIFICATION
. The court shall place the child
OR YOUTH in the facility or setting that most appropriately meets the needs
of the child
OR YOUTH, the family, and the community. In making its
decision as to proper placement, the court shall utilize the evaluation for
placement prepared pursuant to section 19-1-107. If the court deviates from
the recommendations of the evaluation for placement in a manner that
results in a difference in the cost of the disposition ordered by the court and
the cost of the disposition recommended in the evaluation, the court shall
make specific findings of fact relating to its decision, including the monthly
cost of the placement, if ordered. T
HE COURT SHALL SEND a copy of such
findings shall be sent
to the chief justice of the supreme court, who shall
PAGE 14-HOUSE BILL 23-1024 report annually ON SUCH ORDERS AND FINDINGS OF FACT to the joint budget
committee, and annually to the health, environment, welfare, and
institutions committees THE PUBLIC AND BEHAVIORAL HEALTH AND HUMAN
SERVICES COMMITTEE
of the house of representatives, and THE HEALTH AND
HUMAN SERVICES COMMITTEE OF THE
senate, OR ANY SUCCESSOR
COMMITTEES
. of the general assembly on such orders.
(II) Notwithstanding the provisions of subparagraph (I) of this
paragraph (b) SUBSECTION (5)(b)(I) OF THIS SECTION to the contrary, when
the child
OR YOUTH is part of a sibling group and the sibling group is being
placed out of the home, if the county department locates an appropriate
A
capable, willing, and available joint placement for all of the children OR
YOUTH
in the sibling group, it shall be
IS presumed that placement of the
entire sibling group in the joint placement is in the best interests of the
children Such
OR YOUTH. THE presumption may be rebutted by a
preponderance of the evidence that placement of the entire sibling group in
the joint placement is not in the best interests of a child, or of the
children,
OR YOUTH.
(III) I
F THE COUNTY DEPARTMENT LOCATES A CAPABLE , WILLING,
AND AVAILABLE RELATIVE OR KIN FOR THE CHILD OR YOUTH , IT IS PRESUMED
THAT PLACEMENT OF THE CHILD OR YOUTH WITH THE RELATIVE OR KIN IS IN
THE BEST INTERESTS OF THE CHILD OR YOUTH
. THE PRESUMPTION MAY BE
REBUTTED BY A PREPONDERANCE OF THE EVIDENCE
, GIVING PRIMARY
CONSIDERATION TO THE CHILD
'S OR YOUTH'S MENTAL, PHYSICAL, AND
EMOTIONAL NEEDS
, INCLUDING THE CHILD'S OR YOUTH'S PREFERENCE
REGARDING PLACEMENT
. THE COURT SHALL CONSIDER WHETHER A
PROPOSED PLACEMENT WOULD HINDER EFFORTS TO REUNITE THE PARENT
AND THE CHILD OR YOUTH AND THE PARENT
'S PREFERENCE REGARDING
PLACEMENT
. A PARENT'S OBJECTION TO PLACEMENT WITH A PARTICULAR
RELATIVE OR KIN IS NOT ALONE SUFFICIENT TO SHOW THAT THE PROPOSED
PLACEMENT WOULD HINDER REUNIFICATION
. PLACEMENT WITH A RELATIVE
OR KIN MUST BE CONSIDERED AND INVESTIGATED WHEN THE CHILD OR
YOUTH ENTERS FOSTER CARE
, IS MOVED FROM A FOSTER HOME, OR RETURNS
TO FOSTER CARE AFTER THE CHILD OR YOUTH HAS ACHIEVED PERMANENCY
.
A
S USED IN THIS SUBSECTION (5), "RELATIVE" INCLUDES A MEMBER OF THE
CHILD
'S OR YOUTH'S BIRTH FAMILY, ADOPTIVE FAMILY , AND KIN,
REGARDLESS OF WHETHER PARENTAL RIGHTS WERE TERMINATED .
SECTION 6. In Colorado Revised Statutes, 19-3-702, amend (5)(e)
PAGE 15-HOUSE BILL 23-1024 and (6)(h); and add (6)(i) as follows:
19-3-702. Permanency hearing. (5) For a child or youth in a case
designated pursuant to section 19-1-123 only:
(e) At each permanency planning hearing, the caseworker shall
provide the court with a written or verbal report specifying what efforts
have been made to identify a permanent home for the child
OR YOUTH and
what services have been provided to the child
OR YOUTH to facilitate
identification of a permanent home,
INCLUDING THE DEPARTMENT 'S
ONGOING EFFORTS TO IDENTIFY RELATIVES AND KIN AND TO ENGAGE THE
RELATIVES AND KIN IN PROVIDING SUPPORT FOR THE CHILD OR YOUTH AND
FAMILY
, AND DOCUMENT THAT THE RELATIVES AND KIN HAVE BEEN
PROVIDED NOTICE AS REQUIRED BY SECTION
19-3-403 (3.6)(a)(IV). THE
DEPARTMENT SHALL ALSO REPORT ANY DECISION REGARDING PLACING THE
CHILD OR YOUTH WITH A RELATIVE OR KIN
. IF THE DEPARTMENT DETERMINES
NOT TO PLACE THE CHILD OR YOUTH WITH A RELATIVE OR KIN
, AFTER GIVING
PRIMARY CONSIDERATION TO THE CHILD
'S OR YOUTH'S MENTAL, PHYSICAL,
AND EMOTIONAL NEEDS, OR IF THE DEPARTMENT DECIDES NOT TO PLACE A
CHILD OR YOUTH WITH A RELATIVE OR KIN BECAUSE THE PLACEMENT WOULD
HINDER EFFORTS TO REUNITE THE CHILD OR YOUTH AND PARENT
, THE
DEPARTMENT SHALL EXPLAIN WHY ANY IDENTIFIED RELATIVES OR KIN HAVE
BEEN RULED OUT FOR PLACEMENT
.
(6) If a placement change is contested by a party and the child or
youth is not reunifying with a parent or legal guardian, the court shall
consider all pertinent information, including the child's or youth's wishes,
related to modifying the placement of the child or youth prior to removing
the child or youth from the child's or youth's placement, and including the
following:
(h) The child's or youth's attachment to the child's or youth's
caregiver at the time of the hearing and the possible effects on the child's or
youth's emotional well-being if the child or youth is removed from the
caregiver's home. H
OWEVER, PLACEMENT WITH A CHILD 'S OR YOUTH'S
RELATIVE OR KIN SHOULD NOT BE DENIED BASED SOLELY UPON THE
ORDINARY BONDING AND ATTACHMENT TO A FOSTER PARENT AS A RESULT
OF TIME SPENT IN THE HOME
. THE COURT SHALL CONSIDER THE NUMBER OF
PRIOR PLACEMENTS
, THE CHILD'S OR YOUTH'S MENTAL, PHYSICAL, AND
EMOTIONAL NEEDS
, AND ANY SUBSEQUENT CAREGIVERS ' ABILITY TO
PAGE 16-HOUSE BILL 23-1024 PROVIDE EMOTIONAL AND PSYCHOLOGICAL SUPPORT WHEN CONSIDERING A
CHANGE OF PLACEMENT
.
(i) T
HE CHILD'S OR YOUTH'S PREFERENCE REGARDING PLACEMENT .
SECTION 7. Appropriation. (1) For the 2023-24 state fiscal year,
$13,879 is appropriated to the department of human services for use by the
division of child welfare. This appropriation is from the general fund. To
implement this act, the division may use this appropriation for Colorado
trails.
(2) For the 2023-24 state fiscal year, the general assembly
anticipates that the department of human services will receive $7,473 in
federal funds for use by the division of child welfare to implement this act.
The appropriation in subsection (1) of this section is based on the
assumption that the department will receive this amount of federal funds,
which is subject to the "(I)" notation as defined in the annual general
appropriation act for the same fiscal year.
SECTION 8. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 17-HOUSE BILL 23-1024 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 18-HOUSE BILL 23-1024